Chapter

The Patterns of Liability

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0018
The Patterns of Liability

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This chapter attempts to explain how implementation of the Product Liability Directive has affected the patterns of liability within French and English law. It does so under three main headings within each legal system. Firstly, it looks at the impact of the implementation of the 1985 Directive on the legal position of those whose liability for physical harm is governed by the Directive, whether death, personal injury, or damage to property: manufacturers of different types, importers, and ‘suppliers’ (the ‘Directive’s defendants’). Secondly, it looks at how these liabilities relate to the liabilities of other categories of potential defendant within the two systems, being concerned with identifying whom a person who has suffered physical harm (‘the primary victim’ or ‘primary claimant’) is likely to wish to sue when harmed by a product, either as between the Directive’s defendants and other categories of defendant or as well as other categories of defendant. Thirdly, it is concerned with seeing what effect these liabilities in defendants other than those governed by the 1985 Directive have on the practical impact of liability on the Directive’s defendants themselves.

Keywords: Product Liability; liability law; French law; English law

Chapter.  22285 words. 

Subjects: Comparative Law

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